The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1887-09-11
The Text Of the Rep lIcs'ios OF the
Attorneys for the Defense.
Charge Made That ths state with
held Witnesses from the
Chancellor.
The state Wake, Den'rl, but Invites
luvestis alton By the Court.
Tho chief Justice Does rot Thtnh
an. Replication Justides Respsn.
ing an. Case, ba, Win Ioouire
~ TO the fraud charges.
lhPkoIAL TO fHI APrnAL.l

SN'haVFi ANAeot INF'Nhf pVi ~
following proceedings we're had In the
II ,mi ton hsbess corpus today:
C1upeel for REALTORS O ed re- plicatious
70 tho return ou the writ 10 the nature
Of plese 10 tho petition for the wit,
which, among other alltg tons, con.
isir ed tho following: That cit CO The
said examine b., fore the Hon X.
, q. Peyiop, chancellor, and judgment
Il remand made by him, rela,oIe have
discovered evidence material TO their
deieute and tending 10 establish their
ia uocence that in part said evidence 10
not cumulative, and 30 much ~ IL
cumulative IL oorroborbtIve OF The
facts deposed by vitue.see, whose tes-
timouy was contTadIo'ed nv tho viii
nesses for the Slate; that relators did
not know OF 1.-The tr's.once q tald wit
nesi ca, nor Of their isstimory until
to- late TO be q any service to thsm;
that newly discovered evider CO 10 that
Of two Witnesses who wero eye wit.
neH OF Of the AH'ay In which X, ID.
Gambrell was Killed tina, neither the
70 ator nor his counsel had, at the time
Of raid investigation, any IL forma,ion
Of the knowledge bad by the said
vitnepses Of the killirg, and the alb
s,nce ni such information Is not due
"a the lack { I dilige1os In that regard;
that sald two witnesses w,uld hpys
,e.,Iaed and will tesiiiy To material
( CT, which, with thu other evidence
| IN the oau,e, would have c'tsb ithed
and viii establish tho innocence Of
,e,a,ora ~ the crime charged against
them, and would hsvs wholly dis.
proyed the States contention OF con-
spiracy; that said two witnesses we're
pummoned for the State on eald In
ysstigatlon beiIre the ssId Chancellor
Peytnn nj the instance of counsel rep
res,ntlug thu prosecution, and plared
uuder the rule as witreWes; that be-
f,re ard ai,er they were put under
the rule as Aforesaid, they we've inter.
viewed by counsel Tor tho State, and
informed said counsel 81 their hnovl.
edge Of the facts connected With the
Killing oi rad Gsubrell; that WHEN
aald witnesses were put under the
ru'e they we're cautioned by the chan
cellnr not 10 speak Of the case or their
testimony, and one 81 them was Told
aflerssrd by one Of said council not
10 TAX 10 any one; that after
they we're put under The
ruie. the SAID two witnesses
we're interviewed by counsel
for the STATE and iniornel said coun-
eel Of what they knew that oneoi the
said wl'netses WAS cautioned by the
balliff Of tho court net 10 rpe 10
anyone about tho oass or the ,es'i.
mony therein tia, the said witnesses
were hep, nrder the ru'o some four or
five dave NJ ar their knowledge Of the
facts the case had been commnul
Gated IN the counsel for the ktg'e,
that they were not examined ~ Wit
nestes before tho raid chancellor, ~
ser. they rendered 20 tho felai =
counsel Tor examination, and -.
when they we're dlichsTsed they v -
not informed tha, tuoh dlechaIge o..
moved the ipjubctlon Of s,oTe,g
witch had been Imposed UPON them"
The State filed . " Under 10 Gaid
replication continuing among other
thir ~ ihs following;
While Of the opinion that the al.
lega'inn' a said replication arc In
suiii lent, and pret, nj no material ".
sue, vel inasmuch a. that portion Of
the replication which refers 10 tie
suppussIon by counted fIr the Slsls
Of evidence, tircs claimed 10 have
been discovered by 70 ators 10 70 led on
b. show that. by tho viliui conduct Of
e,id counsel, testimony material
10 the defense Wan purpose-
lly kept from being given
into tue court or from b1lrs
known g. ralatoIS, AID iHtom ueh 90
ttiB allegation rejects upln counsel
for the slA,e, and, " true, onght 10 be
known, 10 justice and falrneas, The
State nov iIins issue on tha, portion
Of aaid replication having rel renoo 10
The conduct Of the haie'n counsel In
snppressing testimony or preventing
40 being known 10 TelrtoTl. and denies
the Aleg tons In this regard, and
prays the court 20 inquire into tbs
same"
There was other matter Ia tbs en.
binder In the nature OF n demurrer 10
q. her allegations In the replication.
Toe REALTORS "moved tho coun 10
strike from Tho hl,s taid paper pur-
porting 10 DO q ~ jilfdsr 20 tho ropl.-
taiion, because u does not take issue
therein ~ tho whole a ia'd replica
don, bat feoka 10 demur 10 a part Of Il
add take Issue upon = part, which 10
not proper pleading
Tho Court ttstrd that unltfe tho
proposed showing is oirongoT tlan
VIA, 10 yet 10Th Ia the replication, he
vas rather oi tho opinion thai Il
would be insnflicisn. To insuiy Ia ~
open ~ tho cAsr, bot that n any legal
ifaud can 10 shown 10 have been
comm TOD ~ the Trial before Oman
collor Poytou, By coy authoritative
actor therein, on the pntoi tho STATE,
he would ~ into a general investiss.
ion u She case.
Tn court aciaurasd iill MoodAy, ..
o .'clock a.m.